Central Administrative Tribunal - Madras
P R Balachandar vs Posts on 19 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA No. 310/00095 of 2024
DATED WEDNESDAY, THE 19th DAY OF FEBRUARY, TWO THOUSAND AND TWENTY FIVE
CORAM :
HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)
HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)
P.R. Balachandar (Age 63)
S/o. K. Rajappa,
Chief Postmaster, Annasalai PO (Rtd)
No.4, Ground Floor, 39th Street,
Thillai Ganganagar, Nanganallur,
Chennai-600 061.
.....Applicant
(Advocate: M/s. M. Mohanarangam)
Versus
1. Union of India
Rep by the Secretary
Department of Posts
Dak Bhavan
New Delhi 110001;
2. Chief Postmaster General,
Tamilnadu Circle
Chennai -600002. ....Respondents
(Advocates: Mr. S. Nagarajan)
CAV ON : 12.02.2025
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ORDER
(Hon'ble Ms. Veena Kothavale, Member(J) This OA is filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
"(1) To call for the records of the 2 nd Respondent pertaining to his orders in STC/1-6/NF Grade/Dlgs/2021 dated 09.08.2021 and quash and set aside the same; consequent to (2) direct the Respondents to grant the Grade pay of Rs 5400 in PB 2 on non-functional basis to the applicant on the completion of 4 years of regular service in the grade of Rs 4800/-
w.e.f. 01.09.2012 in accordance with the Government of India Resolution (A I) and the relief granted to the applicants in OA No.1273/2013, and 106/2016 of this Hon'ble Tribunal and implementation orders letter No 2-16/2019 dated 23.10.2019 issued by the Respondent No 2 and implemented by the 2 nd Respondent vide his memo no STA/34-8617/CAT/13 dated 13.02.2020 with all consequential benefits and refix his pension. (3) To pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the circumstance of the case.'.
2. Briefly stated, the case of the applicant is that he was initially appointed as Postal Assistant in Arakonam Division w.e.f. 18.11.1981 and was subsequently promoted as Inspector of Posts and appointed as Inspector Post, Tiruvannamali 3 of 10 Division. Thereafter he was promoted as Assistant Superintendent of Posts and was granted MACP-III in the Grade pay of Rs 4800/- in PB-2 w.e.f. 01.09.2008. He was subsequently promoted to Superintendent of posts w.e.f 28/11/2011. Both the posts are Group B Gazetted. The respondents failed to grant non-functional selection grade in the grade pay of Rs. 5400 in PB 2 to the applicant on the date on which he was eligible on 01/09/2012, but granted w.e.f. 28/11/2015.
3. As per the GOI Resolution No.1/1/2008-1C, notified by the Government of India in the Gazette of India dated 29-08-2008, Group B officers of Department of Posts, Revenue, etc. are granted grade pay of Rs. 5400 in PB 2. Thus, the applicant who had completed 4 years of regular service in the grade pay of Rs.4800/- in PB-2 on 01/09/2012, was thus eligible for grant of Grade Pay of Rs.5400/- from that date.
4. Now, this issue has come to be settled by several judgements, and in particular, the judgement of the Hon'ble High Court of Madras dated 06/09/2010 passed in W.P No.13225/2010 in the case of M. Subramaniam Vs UOI and the judgement of the Apex Court in C.A No.8883/2017 (arising from SLP (C) No.17576/2010) dismissing the challenge to the judgement of the Hon'ble High Court of Madras in W.P No.13225/2010. The said order has since become final and implemented by the respondents.
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5. The applicant submits that in an identical case in OA 106 of 2016 in the case of Shri. D. Raghupathi Vs. Union of India, the order passed by this Tribunal on 08.11.2016 has been upheld by the Hon'ble High Court of Madras in its order dated 09.09.2019 passed in W.P. No.26440/2019 & WMP No. 25799/2019. The said order has also been implemented by the respondents.
6. Despite the issue being settled thus, the respondents have rejected the claim of applicant for grant of Grade Pay of Rs.5400/-. Therefore, the applicant has approached this Tribunal for the relief afore-stated.
7. After notice, the respondents have appeared through their counsel and filed reply statement contending that as per the Directorate letter No. 1-14/2008-PCC dated 04.11.2008, PS Group B officers in PB-2 with initial GP₹4800/- who have completed 4 years of service only are eligible for grant of GP5400/- in PB-2. Consequent on the implementation of 7th CPC, the concept of NFUG was nullified as the initial pay of PS Group B cadre officers was upgraded to Rs.5400/- w.e.f. 01.01.2016 and the same was reiterated vide Directorate's order No.4-3/2018-PCC dated 06/08/2019. The applicant has also been informed that the orders of Hon'ble CAT in the cases of Shri. M. Mohanarangam in OA 1273/2013 & Shri Raghupathy in OA106/2016 were implemented in personam, and Directorate has clearly instructed that the implementation in the said cases should not be treated as a precedent for 5 of 10 other cases. The Directorate vide its order No. 2-25/2019-PCC dated 08.06.2021 has intimated that Department of Expenditure vide ID Note No. 6 (3)/E.III (B)/2018 dated 13.04.2021 has not agreed to extend the benefit of Level-9 corresponding to Grade Pay of Rs. 5400/- on Non-Functional basis to all similarly placed Group B Officers of Department of Posts. Hence, the request for grant of NFUG in the Grade Pay of Rs. 5400/- after rendering 4 years of service in the Grade Pay of Rs. 4800/- in ASP cadre, could not be considered. Stating that the claim of applicant is not tenable, they have prayed for dismissal of the O.A.
8. The learned counsel for the applicant submitted that in clause 1 (x) (e) of the Government of India Resolution dated 29-08-2008, it is provided as under:
"Group B officers of Departments of Posts, Revenue, etc., will be granted Grade Pay of Rs.5,400/- in PB-2 on non-functional basis after 4 years of regular service in the Grade Pay of Rs.4,800/- in PB-2.".
It is submitted that the applicant has completed 4 years of Regular service in the Grade pay of Rs.4800/- in PB-2 as Group 'B' officers, but he was not granted the benefits of Non-functional Upgradation to the Grade Pay of Rs.5400/- in PB-2. The applicant therefore submitted representation dated 21/05/2021 to the Respondent No.2 seeking grant of Non-Functional Upgradation to Grade Pay of Rs. 5400/- in PB 2 with effect from the date of his entitlement as per the Government of India Resolution dated 29.08.2008 and verdicts of the courts as so settled. However, by 6 of 10 impugned order No. STC/1-6/NF Grade/Dlgs/ 2021 dated 09.08.2021, respondent has rejected the claim of the applicant based on the instructions issued by the first respondent in letter No. 2- 25/ 2019- PCC dated 08.06.2021 which is once again based upon I.D. Note No.6(3).E.III(B)/2018 dated 13.04.2021 issued by Department of Expenditure.
9. It is further submitted that the clarificatory letter speaks about extension of benefit of Seventh CPC pay Scale of Level 9 (corresponding to Grade Pay of Rs. 5400/- of 6th CPC Pay Band) on Non-Functional basis to all similarly placed Group 'B' officers of Department of Posts. But as per the accepted recommendation of 6 th CPC, Group B officers of Departments of Posts, Revenue, etc. are to be granted Grade Pay of Rs.5,400/- in PB-2 on nonfunctional basis after 4 years of regular service in the Grade Pay of Rs.4,800/- in PB-2 and the applicant, having completed 4 years of regular service in Grade Pay of Rs. 4800/- is entitled to the benefit of Non- Functional Upgradation to Grade Pay of Rs. 5400/- with effect from the date of his entitlement and the same has been arbitrarily denied by the respondents, despite the issue having been settled by several judgements, including finality given by the Apex Court to the judgement dated 06.09.2010 of Hon'ble High Court of Madras in W.P. No.13225/2010 in the case of M. Subramaniam Vs. UOI, which is implemented by the respondents. Hence the applicant has approached this Hon'ble Tribunal for the redressal of his grievances and prayed for allowing the O.A. 7 of 10
10. The learned counsels for the applicant has relied on following judgements in support of their case: -
"(i) Order dated 06.09.2010 of Hon'ble Madras High Court in W.P.No. 13225/2010.
(ii) Order dated 10.10.2017 of Hon'ble Supreme Court in SLP No. CC 15627/2018 (converted into CA No. 8883/2011);
(iii) Order dated 23.08.2018 of Hon'ble Supreme Court in Review Petition (Civil) No. 2512/2018.
(iv) several orders passed by this Tribunal as well as by the coordinate Benches of this Tribunal at Bangalore, Hyderabad, Mumbai, Punjab, etc.
11. Per Contra, the learned counsel for the respondents submitted that applicant was granted MACP III in the grade pay of Rs. 4800/- w.e.f. 01/09/2008 in ASP cadre. The applicant has retired on superannuation on 30/06/2020. The applicant vide his representation dated 20/05/2021 had requested for grant of ₹ 5400 grade pay from 01/09/2012 onwards as he had completed four years of continuous service in the grade pay of ₹4800 on 01/09/2012. According to the Directorate letter dated 30/08/2022, the Grade Pay of Rs.5400 was an integral part of the dual pay attached with the supervisory posts in Department of Revenue and Posts. Contrary to this, the High Court order resulted in the grant of non-functional grade pay of Rs.5400 to such non-eligible officers who were / are holding the substantive posts of Inspector and equivalent in Department of Revenue and Assistant Superintendent of Posts Officer in Department of Posts for which this benefit was never intended as per the provisions of CCS (RP) Rules, 2008. It is further clarified that upgradation of 8 of 10 grade pay from ₹4800 to ₹ 5400 is allowed only to the applicant of OA1273/2013 and that implementation of the said case should not be treated as precedent for other cases. According, prayed for dismissal of OA.
12. Heard both counsels and perused the records.
13. The Hon'ble Madras High Court in its judgement dated 06.09.2010 passed in W.P. No.13225/2010 in the case of M. Subramaniam Vs. UOI has held as under:-
"8. Thus, if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and if the officer completes 4 years on date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 years in the pay scale of Rs. 7500-12000 (pre revised). Since the Petitioner admittedly completed 4 years period in the pay scale of Rs. 7500- 12000, as on 01.01.2008, he is entitled to grade pay of Rs. 5400.".
14 In this OA, the applicant is praying for grant of grade pay of ₹5400 in PB 2 on non-functional basis on completion of four years of regular service in the grade pay of ₹4800 with effect from 01/09/2012. He submits that he had given a representation dated 09/08/2021 to respondent no.2 in this behalf. However, in the order dated 09/08/2021 (Annexure A-7) passed with reference to the representation of 9 of 10 the applicant dated 20/05/2021, it is stated that as per Postal Directorate's letter dated 04/11/2008, PS Gr. B officers in PB 2 with initial grade pay of ₹4800 who have completed four years of service only are eligible for grant of grade pay of ₹5400. Hence, the grant of NFUG is applicable only for PS Group B officers and not for ASP cadre officers. It is further stated that on completion of four years of service in GP 4800 in PS Group B cadre, the applicant has already been granted NFUG. Accordingly, his request for grant of NFUG after rendering four years of service in the grade pay of ₹4800 in ASP cadre was rejected.
15. As per clause 1 (x) (e) of the Government of India Resolution dated 29-08-2008, Group B officers of Departments of Posts, Revenue, etc., will be granted Grade Pay of Rs. 5,400/- in PB-2 on non-functional basis after 4 years of regular service in the Grade Pay of Rs.4,800/- in PB-2 which means on completion of four years in the pay scale of Rs. 7500-12000 (pre revised).
16. As per the decision of the Hon'ble Madras High Court dated 06.09.2010 in the case of M. Subramaniam Vs. UOI, an officer will be given non-functional upgradation from such date on which he completes 4 years in the pay scale of Rs. 7500-12000 (pre revised).
17. As submitted by the respondents, the Directorate's letter 2-25/2019-PCC dated 30/08/2022 clarifies that the Grade Pay of Rs.5400 is an integral part of the 10 of 10 dual pay attached with the supervisory posts in Department of Revenue and Posts.
18. It is admitted by the applicant in his representation dated 20/05/2021 (Annexure A-6) that he was promoted as Assistant Superintendent of Posts in the grade pay of ₹4600 as per sixth CPC, and was granted 3rd MACP from 01/09/2008 in the grade pay of ₹4800 with effect from 01/09/2008. Subsequently, he was promoted to the post of PS Group B with effect from 28/11/2011. Apparently, the applicant was placed in the pay scale of Rs. 7500-12000 (pre revised) only on 28/11/2011. Thus, applicant was eligible for grant of Grade Pay of Rs.5400/- after 4 years w.e.f. 28/11/2015. The applicant has admitted that he has been granted Grade Pay of ₹5400 with effect from 28/11/2015.
19. In view of the above, it is evident that the applicant has already been granted grade pay of ₹5400 with effect from 28/11/2015 after he has completed four years' regular service in the pay scale of Rs. 7500-12000 (pre revised). Therefore, his claim for grant of grade pay of ₹5400 with effect from 01/09/2012 after four years' regular service in the pay scale of Rs. 7450-11500 (pre revised) is not tenable. As such, this OA is devoid of any merit, hence dismissed. No order as to costs.
(Sisir Kumar Ratho) (Veena Kothavale)
Member(A) Member(J)
19.02.2025
asvs